Who's Responsible for Overhanging Branches?

How damages are calculated in cases where trees have fallen on a neighbor’s property.


It is important to know how damages are calculated. A tree blowing over and falling into another person’s property can cause damage to the other person’s property, in addition to the person’s tree. It is important to understand what you can do in this situation.

The first step is to determine who is at fault. If it is determined that the tree was healthy and fell because of weather or land conditions, it may not be possible to sue for damages. However, if the tree was unhealthy and someone knew about it but did not do anything to remove it, then the owner, or his insurance company, could be liable for any damages that occur from the falling tree.

Damages are calculated by calculating the value of the tree, as well as the cost of replacing the tree.

When a tree falls on your property, you are not entitled to compensation for what was lost. If a neighbor’s tree falls on your property, however, you have a right to compensation for damages. This compensation is based upon the fair market value of the tree and for the costs associated with removing the tree and then re-planting another one. Determining how much you should be compensated can be tricky business. The following is some information to help you better understand how damages are settled when trees fall on your property.

The Damage

The first part of figuring out how much you should be made whole for is determining how much damage has been done and whether or not it was intentional or accidental. If a neighbor’s tree fell because they were negligent in properly pruning and maintaining their trees, this will be looked at differently than if it just happened due to adverse weather conditions or natural causes. If negligence is evident, the neighbor may have to pay a higher settlement amount. There are also other factors that may come into play such as whether or not there was any type of insurance coverage that would cover these damages. In addition, if there was any damage done.

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